CIRCULAR Guide and some of the content of the Foreign Exchange Management with regard to the repayment of foreign loans, the business base of the State Bank of Vietnam Law 46/2010/QH12 16 June 2010;
Pursuant to the law on credit institutions the number 47/2010/QH12 16 June 2010;
Foreign Exchange Ordinance base of 28/2005/PL-UBTVQH11 of the National Assembly Committee on 13 December 2005 and Ordinance No. 06/2013/PL-UBTVQH13 18 Mar 2013 amend and supplement some articles of the Ordinance on foreign exchange;
Pursuant to Decree No. 154/2013/ND-CP DATED 11 November 2013 of government functions, tasks, powers and structure of the State Bank of Vietnam;
Pursuant to Decree No. 219/2013/ND-CP on December 26, 2013 the Government manage the repayment of foreign loans, the business is not guaranteed by the Government;
At the suggestion of the Director of the Foreign Exchange Management;
The Governor of the State Bank of Vietnam issued circulars some content about Forex management with regard to the repayment of foreign loans, the business.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This circular stipulates: a) registration, registration of foreign loans change of business not Government guarantee;
b) opening and using loan accounts, foreign debt in credit institutions are permitted in Vietnam;
c) withdrawals capital, repayment and other money transfers related to the implementation of foreign loans;
d) Forex management with respect to the transactions concerning the guarantee foreign loans;
DD) the supply, use and management of information on electronic loan management Page, foreign debt not guaranteed by the Government (hereinafter the website);
e) reporting statistics on borrowing activities, the foreign debt of the business are not Government guaranteed.
2. The registration, registration changes, reporting for foreign loans of commercial banks in which the State holds over 50% of the Charter capital, foreign loans in the form of international bonds of the business not government guarantees made under the provisions of the Bank's own State of Vietnam (hereinafter the Bank).
3. The registration, registration changes, reporting for foreign loans (including foreign loans in the form of international bonds issued by enterprises) guarantee by the Government to follow its own rules State Bank.
4. The opening and use the foreign currency account abroad to make foreign loans made by the Bank's own rules state.
5. The non-residents who buy debt instrument issued by the person who reside on the territory of Vietnam made under the provisions of the current law on indirect foreign investment in Vietnam.
Article 2. Application object 1. Resident enterprises, cooperatives, cooperative association, credit institutions and branches of foreign banks be established, business activity in Vietnam is the foreign borrower (hereinafter referred to as the borrower).
2. Credit institutions, branches of foreign banks provide account services related to borrowing activities, foreign debt, guarantee for foreign loans in Vietnam.
3. individual organizations is the guarantor for foreign loans of the borrower.
4. Credit institutions, branches of foreign banks authorised to receive loans from the lending mandate is non-resident.
5. Organizations and individuals related to the operation of foreign loans of borrower.
6. Individuals, units of State Bank has the responsibility to manage and exploit information on the electronic Page.
Article 3. Explanation of terms In this circular, the terms below are interpreted as follows: 1. foreign loans is the term used to refer to foreign loans not guaranteed by the Government (hereafter referred to as the self self loan loans charged) and foreign government loan guarantee any form of foreign loans through the loan contract imports of goods contracts, deferred, loan trust contract, leasing contract or debt instruments issued on the international market of the borrower.
2. provide bank account services are commercial banks, foreign bank branches operating in Vietnam where borrower, guarantor for foreign loans open accounts for payment to make funds, foreign loan repayments and other money transfers related to loan activities , foreign debt, guarantee for foreign loans; Commercial Bank, foreign bank branch where the foreign investor to open a payment account to transfer the funds for the investment preparation stage.
3. foreign finance Lease is the resident receive medium term credits long term, on the basis of financial leasing contracts with the lessor who is not a resident of this contract and meet one of the conditions specified in article 113 of the credit institutions Act No. 47/2010/QH12 on 16/6/2010.
4. debt instruments is bills, bonds, because the borrower released outside Vietnam for non-residents.
5. foreign loans in Vietnam's foreign loans are disbursed in Vietnam or the loan's debt obligations are determined by the Council of Vietnam.
Article 4. Principles of the management of foreign loans in the form of import deferred goods 1. Auto loan auto loans paid in the form of import deferred goods not subject to registration, the registration of the change of foreign loans as defined in chapter III of this circular.
2. Opening and using loan accounts, foreign debt, the transfer of funds to repay foreign loans, and reporting the implementation of foreign loans in the form of import deferred goods made according to the provisions of this circular and the provisions of relevant laws.
Article 5. The principle of choosing the form of the registration statement, sign change loans and report the implementation of the loan borrower paid himself 1. Borrower may choose to perform the registration statement, sign change loans and report the implementation of the loan borrower self self charged under one of the following forms: a) form using the electronic Page, called the online form;
b) form does not use electronic Page, known as traditional forms.
2. the borrower may change the selection from traditional forms to the forms online. The case has changed from traditional forms into online forms, the borrower not be changed back to the traditional forms.
3. State Bank encourages borrower choice form online.
Chapter II ELECTRONIC PAGE article 6. Electronic page 1. State Bank performs data management information about operating loans, repayment of foreign enterprises are not guaranteed by the Government through the electronic Page is accessible via the address www.sbv.gov.vn or www.qlnh-sbv.cic.org.vn.
2. The use of the electronic Page to declare the registration information, registration of changes of situation reports and loans made self paid self loan loans made under the provisions of this circular and user guide are posted on the electronic Page.
3. The borrower choose online forms make the access account according to the provisions of article 8 of this circular.
Article 7. Handle in case of technical problems when using electronic Page

1. in case of technical problems, electronic Page (not the fault of the borrower), borrower to temporarily use the traditional form to perform the registration statement, sign change foreign loans, reported the implementation of foreign loans at the time of the incident have yet to be overcome. After the problem is fixed, the State Bank branch in the province, city or State Bank (Foreign Exchange Management Service), under the authority, having the responsibility to update the information related to the electronic Site on the basis of the loan registration form, registration form change loans, a report written by the borrower is similar to the case of borrower to use traditional forms President.
2. where the borrower meets the technical fault (fault of the borrower), the borrower is responsible for: a proactive, positive) to urgently find solutions to fix bugs or to actively coordinate with Engineering Department in charge of the Bank's electronic Page State to find solutions to overcome the error;
b) temporarily use the traditional form to perform the registration, registration of changes of situation reports, loans made to foreign loans the borrower paid themselves, and have written the report with the State Bank on technical issues;
c) updated information on loans is registered, register the change, reported the implementation of loans loan self, self charged into electronic Page immediately after the issue is fixed.
3. After the technical error was remedied as stipulated in paragraph 1 and 2 of this Article, the borrower choose online form continue to use the website to make the content relevant to foreign loans as prescribed in this circular.
Article 8. Access account 1. Access account is a username and password to access the electronic Page for user level include: a) borrower choice form online;
  b) individuals in foreign exchange management and State Bank branch in the province, the city participated in the loan operations manager, foreign debt not guaranteed by the Government;
c) units in the State Bank was assigned the right to exploit the loan data, foreign debt not guaranteed by the Government.
2. When the account has been granted access, the user made the statement, report, manage and use information on the electronic Page under the provisions of this circular through his access account.
3. Registration and account level access for borrower are outstanding foreign loans: a) the users fill out information on electronic declarations to suggest grants access account according to the instructions on the electronic Page, in declarations from the electronic Page, signed and stamped;
b) user submitted declarations specified in point a of this paragraph via postal or filed directly in the competent authority specified in art. 6 of this Article;
c) within a period of 3 (three) working days from receipt of the Declaration proposed to grant the account access by users with sufficient information and valid, the competent authorities under the provisions of art. 6 of this browser and account level access through electronic mail boxes that the user has registered. The case refused to grant the account access must be answered online stating the reason.
4. Registration and account level access for the borrower has no outstanding foreign loans but there arises the registration, register the change of foreign loans with the State Bank: a) The proposal to grant the account access is done simultaneously with the declared information in the loan application application loan or changing the loan with the Bank On the electronic Page State as defined in point a of paragraph 1 article 13 and article 16 paragraph 1 point a of this circular;
b) granting the account access for borrower is done simultaneously with the confirmation of registration, the registration confirmation to change foreign loan for the borrower. On foreign loans registration is confirmed, the competent authority in accordance with paragraph 6 of this browser and account level access through electronic mail boxes that borrower has registered in the registration form, registration form change of foreign loans.
5. registration information changes the access account: a) borrower sign change when access account information has changed as follows: name of borrower's business, kind of borrower, address, tax code, contact telephone, e-mail address;
b) implementation process: (i) the borrower fills out the information on electronic declarations suggest changing the access account information, follow the instructions on the page;
(ii) within a period of 3 (three) working days from the date of the electronic declaration suggested changing the access account information, competent authorities as specified in clause 6 of this browser, the content access account changes through electronic mailbox to which users have subscribed. The case refused to answer online stating the reason.
6. Authority and manage account access: a) State Bank branch in the central cities, where the borrower is headquartered (hereinafter the subsidiary) level and manage account access for the following subjects: (i) the borrower are outstanding foreign loans;
(ii) the borrower has no outstanding foreign loans but there arises the registration, registration of foreign loans changes subject to registration, the registration of the change with the branch under the provisions of this circular;
b) Forex management-state bank account management and access for the following subjects: (i) the individuals and units specified in points b and c of paragraph 1 of this Article;
(ii) the borrower has no outstanding foreign loans but there arises the registration, registration of foreign loans changes subject to registration, the registration of the change with the State Bank (Foreign Exchange Management) under the provisions of this circular.
Chapter III REGISTRATION, REGISTRATION of FOREIGN LOANS CHANGE of BUSINESS NOT GOVERNMENT GUARANTEED LOAN REGISTRATION section 1 article 9. Loans are made to register the loan subject to perform registration with State Bank include: 1. medium and long-term loans to foreign countries.
2. Short term loan was renewed that the total term of loan is on 1 (one) year.
3. Short term loans no contract renewal but also the original debt balance at the time of the round 1 (one) year from the date of the first drawing, unless borrower completed the repayment of the loan within the period of 10 (ten) days from the time of the round 1 (one) year from the date of the first drawing.
Article 10. Term of the loan to determine the obligation to subscribe for the loan prescribed in clause 1 article 9 of this circular, the term loan are determined from the expected date of the first drawing to the expected final repayment date on the basis of the provisions of the loan agreement.
With regard to the loan prescribed in clause 2 article 9 of this circular, the term loan are determined from the date of the first drawing to the expected final repayment date on the basis of the provisions of the agreement on foreign loans, foreign loan renewal agreement.
For the loans specified in paragraph 3 article 9 of this circular, the term loan are determined from the date of the first drawing to the expected final repayment date.
4. Drawing On provisions in this is on loan disbursements for loans disbursed by money, cargo customs clearance date for the loan in the form of foreign finance lease in accordance with the provisions of the relevant laws.
Article 11. Foreign loan agreement to make registration of loans

1. foreign loan agreement to make a loan registration (hereinafter the foreign loan agreement) is the effect the withdrawal agreement which was signed between the borrower and lender are non-residents give rise to the obligation to pay the debt of the borrower or debt instruments issued by residents for non-residents.
2. the borrower does not have to perform the procedure of registration of the loan when the signing of the agreement does not force exit with non-residents such as frame credit agreements, memoranda and other similar agreements (hereinafter the framework agreement), except in the case specified in paragraph 3 of this article. The content of the framework agreement must ensure not contrary to the provisions of the law of Vietnam.
3. in case of arising spontaneously self loan loans charged middle, long-term borrower's due to the withdrawal of capital agreement in writing on the basis of the framework agreement, the borrower made the loan registration under the provisions of this circular.
Article 12. The object implementing the registration, registration of borrower loan changes make registration, register the loan changes include: 1. the borrower signed the loan agreement on foreign direct disbursement by the money lender is with non-residents.
2. Credit institutions, branches of foreign banks authorised to receive loans from the trust is non-resident.
3. the party has the obligation to repay the debt instruments issued by non-residents.
4. the party going in the financial leasing contract with the lessor is non-resident.
Article 13. Order loan registration 1. Prepare the registration form of foreign loans not guaranteed by the Government: a) the case of borrower selection online forms: the borrower made declare foreign loan registration form was not a Government guarantee on the electronic Page to get the code number of loans, Print Invoices from electronic Page , signed and stamped;
b) where the borrower choose traditional forms: borrower complete the form according to annex 01 attached to this circular.
2. Send the profile: a) the borrower submit registration documents on loans as prescribed in this circular via postal or filed directly at the Agency confirmed the loan registration under the jurisdiction specified in article 18 of this circular;
b) borrower choice online forms can choose to submit more records online according to the instructions in the page.
3. The time limit for submitting records: borrower must send within 30 (thirty) days: a) on foreign loan agreements, long-term or on the sign writing guarantee in case the guarantee or loan agreement on withdrawal of capital in writing in case the parties to the agreement the withdrawal of capital on the basis of the framework agreement signed and before does the exit;
b) signed an agreement On the extension of short-term foreign loans into the medium, long-term loans loan self self pay prescribed in clause 2 article 9 of this circular;
c) on round 1 (one) year from the date of the first drawing for the free loan auto loan pay prescribed in paragraph 3 article 9 of this circular.
4. State Bank have written confirmation or denial of the loan registration confirmation within the time limit: a) 12 (twelve) working days of receipt of a valid, full profile of the borrower in the event the borrower choose online form;
b) 15 (fifteen) working days from the receipt of a valid, full profile of the borrower in the event the borrower choose traditional forms; or c) 45 (forty five) working days from the receipt of a valid, full profile of the borrower for the loan in Vietnam to be the Governor of the State Bank review, approved according to the current law regulations on conditions of foreign business loans not guaranteed by the Government;
d) cases declined to confirm registration of the loan, the State Bank have text stating the reason.
5. for loans in Vietnam to be the Governor of the State Bank allowed under the provisions of the current law on foreign loan terms, loan registration procedure as the procedure suggested the Governor State Bank approved loans review; registration confirmation text is text loans approved loans of the Governor of the State Bank.
6. competent authorities as specified in article 18 of this circular has the responsibility: a) check the uniformity, accuracy of the loan registration and profile the information declared on the electronic Page; Update handling of records on the electronic Page to borrower promptly in case of borrower selection form online;
b) held entering the relevant information of the loan on the electronic Page to create loan code and store the information into the database of the loan, the repayment of foreign non-government enterprises guarantee in case the borrower choose traditional forms.
Article 14. Loan registration 1. Loan registration form under the provisions of article 13 paragraph 1 of this circular.
2. Copy (certified by the borrower) legal records of borrower and loan operators for cases not the borrower loan operators include: license, certificate of business registration, business registration certificate, certificate of investment or other equivalent document Paper, registered cooperatives, cooperative association under the provisions of the law and the text of amendments, supplements (if any).
3. Copy (certified by the borrower) or a main text demonstrate the purpose of the loan include: a) for loan prescribed in clause 1 9 of this circular Thing: (i) production and trading projects, investment projects, using foreign loans are approved by the authority in accordance with the investment law Law, business and Corporate Law, Charter cooperatives and cooperative statutes and legal documents related to the loan to perform production, business plans, investment projects, except in the case of investment projects have been authorized agency certificate of investment clearly define the scale of capital investment;
(ii) the scheme restructuring the foreign debts of the borrower is approved by the authority in accordance with the corporate law and Statute Law, business cooperatives and cooperative statutes and legal documents related to the loan to restructure the foreign debt of the borrower;
b) for loan prescribed in clause 2 and clause 3 article 9 of this circular: report the use of short-term foreign loans initially meet the regulations on conditions of short-term foreign loans (accompanied by the documents) and the option of repaying foreign loans for proposed State Bank to confirm registration.
4. Copy and Vietnamese translations (certified by the borrower) foreign loan agreements and agreements to extend short-term loans into long-term, medium (if available); or text attached drawing framework agreement.
5. Copy and Vietnamese translations (certified by the borrower) written commitment of guarantee (letter of guarantee, the guarantee contract or other form of guarantee commitments) in the case of a loan guarantee.
6. Copy (certified by the borrower) text of the approval authority the foreign loans under the rules of the law of assignment, decentralized implementation of the rights, responsibilities, obligations of owners of State for State enterprises and state capital investments in businesses for the borrower's State enterprises.

7. Report on the compliance with the provisions of the State Bank of credit supply and limit the rate of guarantee safety in the operation of the credit institution, the foreign bank branch at the time of the most recently last month on foreign loan agreements and the text not yet comply with the provisions of the law on credit limits and the safety rate has been Prime Minister or Governor of the State Bank approved under the provisions of the law (if any) for the borrower's credit institutions, branches of foreign banks.
8. confirmation of the bank providing the service account in the following cases: a) foreign lenders case to restructure foreign debts: the text of the provision of services the bank account of the borrower of funds, repayment situation for foreign loans will be restructured from foreign capital;
b) where the foreign investor stake transfer into Vietnam have used to meet the expenses of preparing investment turn into foreign loans, long-term businesses have foreign direct investment under the current provisions of the relevant laws on foreign direct investment into Vietnam : Documents of the Bank provides account of lender confirming the transaction currency, related to the formation of the loan;
c) case of loans subject to the provisions in paragraph 2 and paragraph 3 article 9 of this circular: the text of the provision of services the bank account of the borrower on the State funds, repayment of foreign loans for the short term.
9. Text, documents prove the profits divided by Council of Vietnam from direct investment activity of lending Party is foreign investors contribute capital in borrower and certified by the Bank provides account services on the situation politically and turning a profit on water of the lender to prove the disbursed loans for water also in Vietnam under current rules on foreign borrowing conditions in Vietnam. Text explanation of the needs of foreign loans in Vietnam for foreign lenders case in Vietnam to be the Governor of the State Bank allowed under the current rules of the State Bank on foreign borrowing conditions in Vietnam.
Section 2 REGISTRATION CHANGE LOANS article 15. The case must sign the loan changes 1. Except in the case prescribed in clause 2 and clause 3 of this article, the event changed any content relating to loans outlined in documents registering foreign loans of State banks (according to the model in annex No. 2 attached to this circular), the borrower is responsible for implementing the change registration foreign loans with the Bank under the in this circular.
2. where the exit plan, repay, turning actual costs to change within 10 (ten) days over plans to withdraw capital, repayment of the charge transfer, State Bank was confirmed earlier, the borrower is responsible for notification in writing to the Bank provides account services to make the exit , repayment schedule changed; not required to register the change with the State Bank loans.
3. the borrower made only the written notice with the State Bank non-performing loans changes to registration for the following: a) change the address of borrower in the province or city where the borrower is headquartered;
b) lender change, the related information about the party in the syndicated loan has appointed representatives of the lender, unless lender and is representative of the party in the syndicated loan and the lender changes alter the representative role of the lender;
c) name change to commercial transactions of the bank account service.
4. During the 30 (thirty) days from the date of the change or of the notice of changes on the content outlined in paragraph 3 of this article, the borrower written notice sent by post or submitted directly at the Agency confirmed the loan registration under the jurisdiction specified in article 18 of this circular.
Article 16. Order registration procedure change loans 1. Prepare to change the loan registration form: a) the case of borrower selection online forms: the borrower made the Declaration changed the loan application on the electronic Page, Print Invoices from the electronic Page, signed and stamped;
b) where the borrower choose traditional forms: borrower complete the form according to annex 01 attached to this circular.
2. Send a) within a period of 30 (thirty) days from the date of signing the agreement or before the time the content changes (for the case of the content changes do not need to sign the agreement changed the song still guaranteed loan agreement match abroad), the borrower sends the registration profile to change the loan by post or submitted in person at the Agency confirm the registration of the loan or the Agency confirm registration changes to modified loan case had registered the change loan to make the registration change loans authorized under the provisions of article 18 of this circular.
b) borrower choice online forms can choose to submit more records online according to the instructions in the page.
3. State Bank have written confirmation or denial of the registration confirmation to change the loan within: a) 12 (twelve) working days of receipt of a valid, full profile of the borrower (the case of borrower selection form online), or;
b) 15 (fifteen) working days from the receipt of a valid, full profile of the borrower (the case of borrower choose traditional forms);
c) cases declined to confirm registration changes, State Bank loans in writing stating the reason.
4. competent authorities as specified in article 18 of this circular has the responsibility: a) check the uniformity, accuracy of the registration profile to change the loan and the information declared on the electronic Page; Update handling of records on the electronic Page to borrower promptly in case of borrower selection form online;
b) held entering the relevant information of the loan on the electronic Page to store the information into the database of the loan, the repayment of foreign non-government enterprises guarantee in case the borrower choose traditional forms.
Article 17. The registration profile to change loan 1. Change the loan application in accordance with article 16 paragraph 1 of this circular.
2. Copy and Vietnamese translations change the loan agreements were signed (certified by the borrower) in case the content of the change should be agreed between the parties.
3. Copy (certified by the borrower) opinion approved by the guarantor on the content change of loan for loans of borrower is guaranteed.
4. Copy (certified by the borrower) the text of the authorized under the provisions of the law of assignment, decentralized implementation of the rights, responsibilities, obligations of owners of State for State enterprises and state capital investments in businesses on the approved changes to the foreign lenders case of borrower's State Enterprise for market combination of increased loan turnover change or extend the loan.
5. composition of records specified in article 14 paragraph 3 of this circular for change increase loan turnover.
6. Component profile specified in clause 7 article 14 of this circular for borrower's credit institutions, branches of foreign banks to increase the overall volume of foreign loans.

7. The text of the confirmation offered bank account services on the State funds, debt service (principal and interest) to the registration time change for loans registered loan turnover changes, planned exit, repayment plan or supply bank account services.
Section 3 REGISTRATION CONFIRMATION, REGISTRATION CONFIRMATION to CHANGE FOREIGN LOANS NOT GUARANTEED by the GOVERNMENT to article 18. Authority to confirm registration, confirmation of registration change of loan 1. The State Bank (Foreign Exchange Management) made the confirmation of registration, registration of changes to loans have loan turnover over 10 (ten) million us dollars (or other currency equivalent value) and foreign loans in Vietnam.
2. State Bank branch in the central cities, where the borrower is headquartered made the confirmation of registration, registration of changes to loans have loan turnover to 10 (ten) million us dollars (or other currency equivalent value).
3. in case the changes increase or decrease the overall volume of loans, loan currency change, change the Head Office of the borrower, the borrower changes to corporate headquarters in other competent bodies changes confirm the subscription change confirmation Agency, loan registration registration, change the original loans are responsible for the following: a) Do clue receiving the registration profile to change of borrower loan;
b) within 7 (seven) working days from the date of receiving the registration profile to change of borrower, transfer the entire original record suggested the sign change loans and copies of registration documents, registration of changes already made of the loan (if any) to the competent authority as defined in clause 1 and clause 2 of this Thing to continue to treat LY.
4. in case of arise the content change of foreign loans in Vietnam have been confirmed branch register, confirm registration changes, the processing of the registration profile to change is done according to the procedure defined in paragraph 3 of this article.
5. in case of loans in Vietnam to be the Governor of the State Bank review, approval, Forex management do clue, in cooperation with the relevant units of the State Bank report Governor State Bank review, decided by the authority.
Article 19. The base implementation of the registration, confirmation of registration change of loan 1. The total borrowing limit foreign commercial loan self, self charged annually by the Prime Minister.
2. Compliance and meet all the regulations on overseas borrowing conditions, foreign exchange manager for loan operations, foreign debt under the current rules of the State Bank and the provisions of the relevant laws of the borrower.
3. Information by institutions and relevant agencies provided as suggested by the State Bank.
Article 20. Handling of registration documents, sign change the loan in case the borrower has administrative violations in the field of Foreign Exchange Management, loan management, foreign debt in the course of processing the application, sign change, loans State Bank case discovered borrower administrative violations in the field of Foreign Exchange Management , loan repayment, management (including non-compliance regime behavior reports on loans, repayment of foreign countries), the review of the registration confirmation, confirmation of registration change of borrower loans made after completing the processing of administrative violation according to the current provisions of the law on handling administrative violations in the field of currency , Bank.
Article 21. The case of the text to confirm registration, register the change of course loans expired 1. Certificate of registration, registration confirmation change of the State Bank for foreign loans of course expire in case too the duration 6 (six) months from the last day of the period of withdrawal which had been State Bank confirm that the borrower does not make the withdrawal of capital and no sign of changing the plan to withdraw the loan capital prescribed there involved in this circular.
2. after the text confirm registration, registration of foreign loans change naturally expire as prescribed in paragraph 1 of this article, the case continues to make loans, the borrower must redo the procedure of registration of foreign loans as defined in chapter III of this circular within 30 (thirty) days from the date the parties have agreed in writing on continuing to make loans.
Article 22. Termination of validity of registration certificate, sign change loans 1. The case of the termination of the validity of registration certificate, confirm subscription changes when the requested loan capital: a) registration, registration of changes of the loan borrower fraud information to be eligible to be registered, registration confirmation to change foreign loans;
b) registration documents, sign change meet the provisions on registration procedures, sign change loans as prescribed in this circular song suggested information register, sign change not exactly lead to distortions about text confirmation, confirmation of registration of change of State Bank;
c) text confirming subscription, sign change been issued incorrectly the authority specified in article 18 of this circular.
2. When loans were to withdraw capital, the competent authority in writing the termination of the validity of registration certificate, confirm the registered change in cases stipulated in points b and c of paragraph 1 of this article.
3. confirmation of registration agency, registered the change loan under the jurisdiction specified in article 18 of this circular have text sent borrower and related parties regarding the termination of the validity and reasons for termination of the validity of registration certificate, confirm the registered change loans.
4. for the cases specified in point b, c paragraph 1 and paragraph 2 of this article, after the certificate of registration, registration confirmation to change the loan was terminated in force, the borrower is responsible for the coordination with the competent authorities make the registration, registration of changes on loans as prescribed in this circular are the base to continue loan.
Article 23. Why send a certificate of registration, registration of changes on loans; end text effect text confirming registration, registration of changes to loan 1. The State Bank (foreign exchange management and branch) Star sent the following documents to the Bank provides account services to coordinate follow-up and implementation: a) the certificate of registration, registration confirmation to change the loan;
b) terminated text effect text confirming registration, the registration confirmation change loans.
2. State Bank (Foreign Exchange Management) why send the documents specified in point a, b paragraph 1 of this article for the State Bank branch in the central cities, where the borrower has its headquarters, to manage, monitor and report urge.
3. State Bank branch in the central cities, why send the ending text effect to confirm registration, confirmation of registration changes for State Bank loans (Forex management) to coordinate the management.
Chapter IV OPEN and USE LOAN ACCOUNTS, FOREIGN DEBT Item 1 DOWNLOAD loan, REPAY the FOREIGN article 24. Loan accounts, foreign debt of the borrower is not a commercial bank, foreign bank branch 1. Loan accounts, foreign debt payment of account borrower opened at the Bank provides account services to make the exit, repayment of foreign loans and other money transfers related to loan activities, foreign debt, guarantee for foreign loans.

2. For the borrower's business for foreign direct investment, loan accounts, foreign debt is the direct investment account. In addition to the content currency, related to loan activities, foreign repayments the provisions of article 26 and article 27 of this circular, the borrower's business for foreign direct investment capital using direct investment account (at the same time as the loan accounts, foreign debt service) for content currency other expenses related to the operations of foreign direct investment into Vietnam in accordance with the current law on Foreign Exchange Management for the operation of foreign direct investment into Vietnam.
3. the borrower is not the business for foreign direct investment to open an account, pay the foreign debt at the Bank provides account services to make money transfers involving foreign loans (the exit, the original repayment, debt interest). Each foreign loans just made over 1 (one) Bank provides account services. Borrower can use 1 (one) account for 1 (one) or more foreign loans. Content currency, of the Member are defined in article 26 and article 27 of this circular.
Article 25. Track loans, foreign debt of the borrower is the commercial bank, foreign bank branch of commercial bank, foreign bank branch is the borrower is responsible for implementation of the monitoring of the transactions related to its foreign loans in accordance with the current rules on accounting accounting for commercial banks, foreign bank branches; responsibility and guarantee the implementation of the transactions related to foreign loans in accordance with the text of the State Bank to confirm registration, register the change of foreign loans of commercial banks, foreign bank branches.
Article 26. Content currency, on loan accounts, foreign debt in foreign currency loan accounts, foreign debt in foreign currency is used only to perform the transactions relating to the operation of the loan, the repayment of foreign countries as follows: transaction currency: Currency to withdraw foreign loan capital;
Currency from foreign currency purchased from supply bank account services to transfer money to pay debt (origin, interest) of foreign loans, the payment of fees according to the loan agreement;
Currency currency converter from the exit of foreign loans in case the money disbursed from the lender is not the currency of the loan account, pay the foreign debt;
Currency from the account of payment in foreign currency of the borrower opened at credit institutions are permitted in Vietnam, foreign currency account of the borrower opened abroad.
Genus: Genus transactions transfer funds to pay debt (origin, interest) of foreign loans;
Genus moved abroad to receive payment of the debt required for the guarantor is the non-resident as specified in chapter V of this circular;
Genus transferred to your payment account in foreign currency of the borrower;
Genus seller exchange for credit institutions are permitted;
DD) Genus moved foreign currency account of the borrower opened in foreign countries to implement the commitments under the loan agreement;
Genus transfer fees according to the loan agreement;
g) Genus currency converter to repay (root, interest) of foreign loans in case the currency of repayment is not the currency of the loan account, to pay foreign debt.
Article 27. Content currency, on account of the loan, the repayment of foreign loans account Vietnam bronze, bronze Vietnam foreign debt can only be used to perform transactions related to foreign loans as follows: 1. The transaction currency: a) Currency transfer withdrawals capital foreign loans in case the lender use your payment account in the Vietnam open in credit institutions, branches of foreign banks in Vietnam;
b) collect funds from the sale of foreign currencies for credit institutions are permitted in Vietnam in case the lender does not use the account charged in the Vietnam open in Vietnam to disburse loans;
c) Currency transfer from current account in the borrower's Vietnam.
2. The expenditure transactions: transfer Spending to an account denominated lending party Vietnam to pay debt (origin, interest) in case the lender use your payment account in Vietnam to recover the debts under the loan agreement;
Genus buy foreign currencies to repay (root, interest) of foreign loans in case the lender does not use the account charged in Vietnam to recover the debts under the loan agreement;
Genus payment of guarantor for debt relief received under the provisions of chapter V of this circular;
Genus paid fees in Vietnam, buy foreign currency to pay fees in foreign currency related to foreign loans;
DD) transfer Spending to Vietnam charged in the account of the borrower.
Article 28. Change the loan account to pay foreign creditors 1. The case of the loan account changes, foreign debt because of changes the Bank provides account services, the borrower is not a commercial bank, foreign bank branch bank services current account confirms the situation draws capital, repayment of foreign loans related to banking services new accounts keep track the implementation of foreign loans under the current rules on the management of loans, repayment of foreign countries.
2. in case of changing loan accounts, foreign debt due to the change in the currency but not change the Bank provides account services, the Bank provides account services is responsible for overseeing the withdrawal of capital, repayment of foreign loans under the current rules on the management of loans, repayment of foreign countries.
Article 29. Foreign loans taken from the profit sources are divided in Vietnam from direct investment activity of lending Party.
1. Borrower's business for foreign direct investment was made foreign loans in Vietnam from the profit sources are divided in Vietnam from direct investment activity of lending Party is foreign investors contribute capital in borrower.
2. the lender is foreign investors who do not reside in capital contribution borrower payment account used in the Vietnam of non-residents to carry out the transaction currency, related to loan Vietnam bronze according to the provisions in clause 1 of this article.
Category 2 FUNDS, TRANSFER of FUNDS MADE to FOREIGN LOANS article 30. The principle of transparent flow of money 1. For the borrower is not a commercial bank, foreign bank branch, every money transfer transaction (withdrawal of capital, repayment) relating to foreign loans are made through loan accounts, foreign debt of the borrower except in the cases specified in article 34 of this circular.
2. The transfer between residents and non-residents related to the implementation of the transaction funds, debt service (interest rate, root), pay the fee of the foreign loans that have to be clarified the purpose of transferring money to supply bank account services are the base for the projection, check, store vouchers and make transactions.
3. the borrower is responsible for clearly and ask the lender stating the purpose of the money transfers related to foreign loans to identify foreign debt obligations and transfer the money to repay the loan (original, interest) when payment due.
Article 31. Transfer of funds made to foreign loans 1. For the foreign loans are registered with the Bank, the borrower is only done to withdraw capital, repayment of (root, interest) of foreign loans after Bank loan confirmed registration, except funds, paid part of the debt principal and interest in the first year of your short term loan move to Central , long term.

2. the borrower only receive money disbursements and debt service money transfer (root, interest) on loans through the lender's account, representatives of the lender or bank payment agent of the lender in the case of syndicated loan or use a billing agent bank as stipulated in the loan agreement.
3. in case of receiving money disbursement and repayment of money transfer (root, interest) of foreign loans in foreign currency through the account of a third party who is not domiciled not the subjects mentioned in paragraph 2 of this article, this content should be clearly specified in the loan agreement (or agreement) in loan case, the object must be registered with the State Bank, then this content must be confirmed in writing to confirm registration, confirmation of registration change of foreign loans.
Article 32. Transfer of funds made to repay the loan of medium-long term foreign form of import of goods deferred When done transferring the money to the original repayment, interest rates of foreign loans, long-term form of import deferred, the borrower is responsible to produce the following documents: 1. Certificate from the documents required by the Bank provides account services.
2. the written commitment of the borrower on the compliance situation reporting loans, repayment of foreign countries under the provisions of this Information attached to the proof: a) reported borrowing foreign debt situation of short, medium and long-term that borrower has online reports on the electronic Page (to be printed directly from the website) , electronic Page notifications (via email of the borrower) regarding the borrower has online reports on the electronic Page (applicable to the borrower choose online form);
b) a copy of the report submitted by the State Bank of the most recent reporting period before the time of payment (applicable to the borrower choose traditional forms).
Article 33. Buy foreign currency and the transfer of funds to pay foreign creditors 1. Borrower to purchase foreign currency at credit institutions are allowed to pay the original debt, interest rates and the costs associated with foreign loans on the basis of the present text, documents proving the payment demand of foreign currency legally under the provisions of the law and the requirements of the credit institutions.
2. Credit institutions are allowed to rule on vouchers, documents proving the payment needs of Exchange on principles to verify legitimate debt obligations of borrower through foreign loan agreements, documents determine the loan's drawing, the text confirm registration of foreign loans of the Bank (in case the loan must be registered with the State) and the other records (if any) required by the credit institutions.
Article 34. The case of funds, repayment is not made through loan accounts, foreign debt of 1. The case of funds not through loan accounts, foreign debt: a) the exit from lender direct payment to the beneficiary is the non-resident provides goods or services under a contract for the sale of goods and services with the residents;
b) funds in the form of import of goods deferred from the lender;
c) exit of foreign loans under a financial lease;
d) exit through the borrower's accounts opened in foreign countries in case the borrower is allowed to open accounts abroad to make foreign loans;
DD) the exit of foreign loans, the long term through the clearing with the obligation of payment directly to the lender.
2. The case of repayment not through loan accounts, foreign debt: a) repayment in the form of providing goods and services to the lender;
b) repaying with shares or shares of the borrower in accordance with the law;
c) repaying foreign loans, long term through clearing receivables directly to the lender;
d) repayments through the account of the borrower opened in foreign countries (in case the borrower is allowed to open accounts abroad to make foreign loans).
Chapter V PROVISIONS on the MANAGEMENT of FOREIGN EXCHANGE RELATED TRANSACTIONS GUARANTEE FOREIGN LOANS Article 35. Fulfill the obligation of guarantee 1. For foreign loan guarantee, the guarantor the guarantee service for foreign lender (guarantee) as required according to the commitment in the loan agreement, written commitment of guarantee (letter of guarantee, the guarantee contract or other form of guarantee commitments) was signed between the parties concerned.
2. where the guarantor use your payment account opened at the Bank provides account services to money transfer service in guarantee, the Bank provides account services of guarantor make bail money transfers on the basis of the following documents: a) the loan agreement;
b) written commitment of guarantee;
c) written request service guarantee from lender (guarantee) or borrower (the guarantee) suitability of foreign loans and deal with the written commitment of guarantee;
d) certificate of service supply bank account of the borrower on the borrower has not made payment obligations with lenders consistent with written request service guarantee specified in point c of paragraph 2 of this Article;
DD) certificate of registration, registration of changes to foreign loans of State banks which confirm the guarantor for foreign loans (apply for foreign loans in case the object is registered with the State Bank);
e) The documents, other documents (if any) prescribed by the bank where account service supply Side guarantee remittance transaction guarantee.
Article 36. Account received the required debt 1. Account receive mandatory debt is debt that the party is guaranteed (borrower) is returned to the guarantor after the guarantors made the guarantee obligations through the payment for the guarantee (lender).
2. The agreement to receive money owed and paid money to receive the required debt on the territory (including the guarantee fee) must conform to the regulations on Foreign Exchange use restrictions on the territory.
Article 37. Debt get loan required 1. Borrower (the guarantee) loan made to receive the debt required for the guarantor on the basis of presented to supply bank account services for the borrower: a loan agreement) and the documents related to the loan transactions, foreign debt;
b) agreement on the guarantee, service guarantee and loan receive mandatory debt between the borrower and the guarantor;
c) documents proving the guarantor has undertaken duties guarantors;
d) vouchers, other documents (if any) prescribed by the Bank provides account services.
2. Refund account receive the debt required for the guarantor to perform through loan accounts, foreign debt or through an account opened in the Bank provides an account of the borrower in case the currency payment received mandatory debt differs from the currency of the loan account , pay foreign debt.
Chapter VI STATISTICAL REPORTING REGIME Article 38. Reporting regime for bank services bank accounts offer account services make the reporting regime under the provisions of the State Bank on statistical reporting regime applicable to the units of the State Bank and credit institutions foreign bank branches are allowed.
Article 39. Report mode for borrower selection form online

Quarterly, the latest on January 5th of the next month following the reporting period, the borrower must report the online situation made the short, medium and long term in the electronic Page.
2. Within a period of 10 (ten) working days from receipt of the report of the borrower on the electronic Page, browse the branch reported on the electronic Page to save the information into a database. The case report information correctly, the borrower will be informed by e-mail about the complete report as a rule. The event information is inaccurate or in need of clarification, branch notice by electronic mail to the borrower to make adjustments.
Article 40. Report mode for the borrower choose traditional forms quarterly, the latest on January 5th of the next month following the reporting period, the borrower must submit branch report in writing on the implementation of the short, medium and long term according to the model in annex 4 attached to this circular.
2. Within a period of 10 (ten) working days from receipt of the report of the borrower, the branch held the type reported by the borrower in the form on the page to save the information into a database.
Article 41. Irregular report irregular cases or when necessary, the borrower, the Bank provides account services made the report at the request of the State Bank.
Chapter VII LIABILITY of the PARTIES CONCERNED in Article 42. Borrower's responsibilities 1. Identification in accordance with the law and at the request of the Bank provides account services when performing a transaction involving foreign loans; responsible before the law for the accuracy, the integrity of the information provided.
2. Implementation of the provisions on information disclosure, reporting and information security as prescribed in this circular.
3. Be responsible before the law for the accuracy, the integrity of the information provided in declarations, electronic Page through your access account, the information, the document provides the attached registration documents, sign change loans, the reports submitted to the competent authority.
4. Compliance with the regulations on the management of foreign debt, loans of this circular and the other provisions of the relevant laws when signing the loan agreement and make foreign loans.
43 things. Liability of guarantor guarantor use your payment account opened at the Bank provides account services of the guarantor to perform duties guarantors have the responsibility: 1. To present the vouchers under the provisions of the law and at the request of the Bank provides account services of guarantor.
2. Be responsible before the law for the accuracy, the integrity of the information provided.
3. Compliance with the regulations on Foreign Exchange Management and the provisions of relevant laws when performing the guarantee for the borrower.
Article 44. The liability of the Bank provides account services 1. Making the provision of services to account for transactions involving foreign loans (repayment of capital, withdrawal, pay the fee, transaction-related guarantees) on the basis of: a) the certificate of registration, registration of foreign loan changes (in case of loan to be registered) of the competent authority;
b) loan agreements and other related agreements;
c) these documents prove the withdrawal of capital repayment by the borrower, present at the request of the Bank provides account services.
2. Perform the test, collated the materials due to the borrower and the stakeholders present to ensure the money transfers related to foreign loans match the text confirm registration, confirm subscription changes (in case of loan to be registered), the loan agreement and other relevant agreements.
3. Provide accurate information about foreign loans of the borrower (including the amount of content already funds, debt funds, time; debt; the reference information in the loan agreement, the lender) in writing confirming the implementation of foreign loans of the borrower when required.
Article 45. The responsibilities of the Foreign Exchange Management Services 1. Presided over the construction loan management information model, pay the foreign debt through the electronic Page.
2. Perform other functions and duties as prescribed in this circular.
3. Exploitation, using the database of lenders, foreign debt service of construction, operating policy consistent with the functions and duties.
4. Hosted, in cooperation with the Centre national Vietnam credit information: a) to build the user guide, posted and updated regularly on the website;
b) Edit and upgrade electronic Page content to create favorable conditions for the users, ensure the database serves in managing loans, foreign debt not guaranteed by the Government;
c) answers to problems related to electronic Page; receive timely guidance, and handle the obstacles of the recommendations used in the extraction process, operating the electronic Page;
d) guide the registration and account level access, register to change your account information to access the objects specified in points b and c of paragraph 1 article 8 of this circular.
Article 46. The responsibility of Central Vietnam national credit information 1. Maintain operate the electronic Page safety and stability, ensure the electronic Page and database management of loans, foreign debt not be unauthorized access.
2. Use the information from the electronic Page according to the regulations on credit information activity of the State Bank.
3. Collaboration with foreign exchange management implemented the contents prescribed in paragraph 4 to article 45 of this circular.
Article 47. The responsibility of the State Bank branch in the city, where the borrower located 1. Perform the functions and duties according to the authority as prescribed in this circular.
2. Responsible Guide, track, remind, urging the borrower made statement, report under the provisions of this circular.
3. Exploitation, using the database of loans, repayment of foreign countries in the scope of the authority to serve the management of loans, repayments on foreign match function, tasks.
4. test, inspection and handling administrative violations by the authority with regard to the cases of administrative violations in the process of implementing the provisions of this circular.
Article 48. The Agency's responsibility to inspect and supervise the bank check, inspection and handling administrative violations by the authority with regard to the cases of administrative violations in the process of implementing the provisions of this circular.
Chapter VIII TERMS of ENFORCEMENT of Article 49. Effect 1. This circular has effect from the date of 15/4/2016 unless otherwise specified in Clause 3 of this article.
2. From the date of this circular are effective, the following text is most effective: a) Circular No. 09/2004/TT-NHNN on 21/12/2004 of State Bank loans and to pay the foreign debt of the business;
b) Circular No. 25/2014/TT-NHNN on State Bank's 15/9/2014 Guide to registration, registration of foreign loans change of business are not Government guaranteed.
3. Reporting through electronic Page for borrower selection form online to be applied starting from the second quarter reporting period/2016. Before this time limit, the borrower says on the reporting regimes in writing prescribed in article 40 of this circular.
Article 50. Transitional provisions 1. With regard to the implementation of foreign loans in the form of import of goods deferred:

a) foreign loans, long-term form of import of goods deferred was the State Bank to confirm registration, confirmation of registration change of foreign loans before the time of this circular in force continue to make (the exit, repayment) under the registration confirmation text registration of change of foreign loans.
With regard to the content of the changes arising after the date of this circular effect, the borrower made on the basis of the agreement with the lender, does not need to register the change of foreign loans with the Bank;
b) with respect to the medium and long-term foreign loans in the form of import deferred commodity is contracted within 30 (thirty) days prior to the time this circular effect, the borrower does not need to register foreign loans with the Bank. The implementation of funds, repayment and report money transfers made under the provisions of this circular.
2. for foreign loans in Vietnam: foreign loans in Vietnam have been confirmed to register, branch register change before the date of this circular effect is continuing to follow the certificate of registration, registration of change of branch. The content changes of this loans arising after the date of this circular in force must comply with the provisions of this circular.
3. for the implementation of short-term foreign loans: a) The short-term foreign loans were made (the exit, or pay debt) before the date of this circular effect is continued through the current account;
b) short-term foreign loans new since the day this circular effect must comply with regulations on opening and using loan accounts, foreign debt in this circular.
Article 51. Organizing Office, Director of the Foreign Exchange Management, heads of units of the State Bank, Director of the State Bank branch, central cities, Chairman of the Board, the President of the Council members, the Director-General (Executive Director) credit institutions, branches of foreign banks business, responsible for organizing the implementation of this circular.